The Gull's Call - Jan/Feb/Mar 2024

conflict with law or the governing documents of the Association and (2) The agreement is either consistent with the authority granted by the Board to its designee(s) or the agreement is ratified by the Board. Unless and until the resolution established at the IDR is approved or ratified by the Board, the parties are hereby informed that such resolution is not a legally binding or judicially enforceable agreement. Typically, if the parties reach terms at the IDR, the Association will send a follow-up letter to the Owner to confirm their understanding of and agreement with the terms reached at the IDR so that they can be provided to the full Board for its review and response. 7. With respect to a nuisance claim by an Owner(s), in the event the Board does not find the issue arises to the level of a nuisance, the Board encourages the complaining party(ies) to try and resolve the dispute amongst themselves. In the event the parties are unable to resolve their dispute, they may request, in writing, the Board facilitate an IDR between the parties per the above process, in which case the Board will send a letter inviting the relevant parties to attend the IDR. If a party refuses to attend, the Association will communicate this to the parties and will conclude the matter. B. Alternative Dispute Resolution “ADR” Policy – It is the Association’s strong policy and preference that prior to the initiation of any legal disputes, with the exception of small claims matters and as otherwise permitted by law, that the Association and owners agree to submit their dispute to an alternative dispute resolution proceeding held in accordance with Civil Code §5925, et seq. To this end, for cost and time efficiency, the Association’s strong preference is for a non binding mediation held with a third party neutral that has prior experience in handling mediations involving homeowners association issues. §5925. Definitions As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral third party in the decision-making process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties. (b) “Enforcement action” means a civil action or proceeding, other than a cross -complaint, for any of the following purposes: (1) Enforcement of this act. (2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code). (3) Enforcement of the governing documents. §5930. Litigation Pre-Filing Requirements (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.

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The Gull’s Call